NATIONAL INSURANCE COMPANY LTD Vs. SANJEEV KUMAR GUPTA

JUDGEMENT

(1.) CM(M) 1328/2004 is directed against the order dated 18.08.2004 of the Central Government Industrial Tribunal whereby the Tribunal has on an application for amendment of written statement declined the amendment on the ground that the same has been filed with inordinate delay of nearly five years which has also not been explained.

(2.) It is contended by counsel for the petitioner that although the law on the subject is that the management is at liberty to incorporate in the written statement and that in the event the enquiry is held to be bad they should be given permission to substantiate their claim by leading further evidence but in the event no application has been moved soon after filing of the written statement or incorporating the written statement there is no bar for the management seeking amendment of the written statement and thereby incorporate the necessary amendment at any stage, provided it shows sufficient cause for delay in doing so. He relies upon a judgment in Shambhu Nath Goyal Vs. Bank of Baroda and Ors, (1983) 4 Supreme Court Cases 491 (page 496-497).

(3.) Counsel for the respondent contends that the law on the subject is very clear. She submits that on a reference, under Section 10 of the Industrial Disputes Act, it is incumbent on the management to take up a plea of leading evidence at the time of filing their written statement. They are not permitted to take up this plea at a later stage and certainly by way of an amendment they cannot have a back door entry. She also relies upon judgments of the Supreme Court in Shambhu Nath Goel's case (supra) as also in Karnataka State Road Transport Corporation Vs. Smt Lakshmi-devamma, JT 2001 (Suppl.1) SC 461.